Practice Areas

  • College Crimes
  • Drug Crimes
  • DUI & Traffic Violations
  • Juvenile Crimes
  • Sex Crimes
  • Violation of Probation
  • Violent Crimes
  • White Collar Crimes

TALLAHASSEE CRIMINAL DEFENSE FAQs

SEX AND DRUG OFFENSES

  1. What is a crime?
  2. What is a sex offense?
  3. What is a drug offense?
  4. What should I do if I have been arrested for drug possession or for other drug-related offenses?
  5. What is a Miranda warning?
  6. What are the defenses available to a person charged with a crime?
  7. What is a sex offender registry?
  1. What is a crime?

    A crime is the commission or omission of an act that is in violation of a public law and for which punishment is imposed upon conviction. According to the severity of the offense, prior similar convictions, and several other factors, crimes are classified into felonies, misdemeanors, or infractions. Crimes are punishable with penalties such as imprisonment, fines, probation, counseling, community service, and capital punishment, such as the death penalty.

    The severity of punishment generally depends on the severity of the offense and the penalties provided by law. Generally, felonies are punished with a minimum of one year of imprisonment. Misdemeanors are punished with imprisonment of less than one year and/or a fine or probation. And, infractions are petty offenses, such as a speeding ticket, that are punishable with fine or other minor punishments but no jail sentence.

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  2. What is a sex offense?

    A sex crime may be defined as a criminal offense of a sexual nature. Sex offenses include an array of criminal misconducts ranging from rape to pornography and include sexual battery, child molestation, rape, internet sex offenses, lewd conduct, possession of child pornography, indecent exposure, failure to register as a sex offender, and more.

    Sex crimes convictions often carry long sentences and mandatory registration in the state sex offender registries and acts as a lifetime label that is bound to effect a person's reputation and growth.

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  3. What is a drug offense?

    Drug offenses include a myriad of acts, including possession of drugs, possession with the intent to use or distribute, drug trafficking and distribution, conspiracy to distribute drugs, prescription drug abuse, manufacturing drugs, running methamphetamine labs, and more.

    In addition, the possession, distribution, and manufacture of drug paraphernalia and listed chemicals that are used for making controlled substances or controlled substance analogs also constitute drug offenses. Some examples of controlled substances are crack-cocaine, marijuana, crystal-meth, heroin, ecstasy, GHB, methamphetamines, etc.

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  4. What should I do if I have been arrested for drug possession or for other drug-related offenses?

    If you have been arrested, regardless of the severity of the charge, politely assert your right to speak with an attorney before answering any of the police officers' questions. Additionally, do not resist arrest, interfere with the police, or run away from the officers. Every person who has been arrested is entitled to legal counsel. Furthermore, every criminal defendant has the right to remain silent. It is important to talk to your lawyer first before speaking to the police. Having the right team of lawyers on your side to guide you through every stage of the criminal process should be a top priority.

    No lawyer can and should give you a guarantee about the outcome of your case; however, retaining a firm that devotes a sizable part of its practice to drug offense cases can maximize the chance of a successful conclusion.

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  5. What is a Miranda warning?

    A Miranda warning is given to a criminal suspect by the police before an interrogation relating to a crime. A typical Miranda warning says that the accused has the right to remain silent and that anything the accused says can be used against him/her in a court of law. The accused also has the right to have an attorney present during any questioning by the police, and if the accused can not afford an attorney, one will be appointed by the court.

    Most incriminating statements made by the accused during an interrogation cannot be used as admissible evidence if the accused was not informed of his or her Miranda rights before the statements were made. The accused may voluntarily and knowingly waive his or her Miranda rights.

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  6. What are the defenses available to a person charged with a crime?

    Several defenses are available to a person charged with a crime. An accused must utilize as many defenses as possible. Legal defenses may include lack of evidence, violation of procedure, misidentification or alibi, self defense, and entrapment. An experienced criminal attorney can help you determine your best defense according to the facts of your case.

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  7. What is a sex offender registry?

    Sex offender registries are systems that allow law enforcement authorities to keep track of sex offenders, including those who have served their sentences, who are on parole or who on probation. The information in a sex offender registry is available to the general public. The sex offender registry is maintained for the purpose of public safety against perpetrators of sex offenses and to deter a repetition of the crime by a convict. Florida law provides that a sexual offender must report in person to the sheriff's office once every six months and within 48 hours of moving to a new residential area. Failure to report or reporting false information is a felony in the third degree. A sexual offender must maintain registration for the duration of his life unless the sexual offender has received a full pardon or his conviction is set aside. The court may set aside the requirement for registration if it is satisfied that the offender is not a current or potential threat to public safety. Sexual offenders have reduced privacy in the interest of public safety and effective operation of law and order.

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